Download or read book Cognition of the Law written by Luigi Cominelli and published by Springer. This book was released on 2018-07-04 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book’s basic hypothesis – which it proposes to test with a cognitive-sociological approach – is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural. As such, from a sociological perspective the law can be seen as a super-meme, that is, as a biosocial constraint that develops only in complex societies. This super-meme theory, by highlighting a fundamental distinction between defensive and assertive biases, might explain the false contradiction between law as a static and historical phenomenon, and law as a dynamic and promotional element. Socio-legal scholars today have to face the challenge of pursuing a truly interdisciplinary approach, connecting all the fields that can contribute to building a modern theory of normative behavior and social action. Understanding and framing concepts such as rationality, emotion, or justice can help to overcome the significant divide between micro and macro sociological knowledge. Social scientists who are interested in the law must be able to master the epistemological discourses of different disciplines, and to produce fruitful syntheses and bridge-operations so as to understand the legal phenomenon from each different point of view. The book adopts four perspectives: sociological, psychological, biological-evolutionary and cognitive. All of them have the potential to be mutually integrated, and constitute that general social science that provides common ground for exchange. The goal is to arrive at a broad and integrated view of the socio-legal phenomenon, paving the way for a comprehensive theory of norm-oriented and norm-perceived actions.
Download or read book The Legal Order written by Santi Romano and published by Taylor & Francis. This book was released on 2017-07-14 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917, with a second edition in 1948, this is the first English translation of Santi Romano’s classic work, The Legal Order. The focus is on the notion of institution, which Romano considers the core and distinguishing feature of law. The Legal Order offers precious insights for a thorough rethinking of state-based models of law.
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Download or read book Neurolaw written by Eugenio Picozza and published by Springer. This book was released on 2016-09-27 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume illustrates to the public, and legal experts, the basic principles of the field of neuroscience, that commonly goes under the name of Neurolaw. First, it illustrates the relationship between neuroscience, natural sciences and social sciences. Furthermore, it highlights numerous problems concerning the fundamental philosophical concepts used by Neurolaw and evaluates the validity of the method and the limits of a neuroscientific approach to the problems of law and justice.The volume explores the possibility of application of these concepts on the fundamentals of the general theory of law and legal dogmatics. It also examines the main problems of Neurolaw in relation to public, private, criminal and procedural law. In conclusion, the book follows a systematic method that makes it an thorough manual for the introduction to Neurolaw.
Download or read book Ideology and Criminal Law written by Stephen Skinner and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.
Download or read book Storia del diritto penale e della giustizia written by Mario Sbriccoli and published by Giuffrè Editore. This book was released on 2009 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Italian Pragmatists written by Giovanni Maddalena and published by BRILL. This book was released on 2020-10-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Italian Pragmatists were a group of philosophers in the early 20th century. They gathered around the journal Leonardo, which was published in Florence. This volume emphasizes what they all shared, as well as their value for philosophy and culture.
Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Download or read book Research Handbook on Law and Emotion written by Susan A. Bandes and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Download or read book A History of Continental Criminal Procedure written by Adhémar Esmein and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esmein, A[dhemar]. A History of Continental Criminal Procedure with Special Reference to France. Translated by John Simpson; with an editorial preface by William E. Mikell and introductions by Norman M. Trenholme and by William Renwick Riddell. Boston: Little, Brown and Company, 1913. xlv, 640 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-045906. ISBN 1-58477-042-2. Cloth. $100. * Reprint of volume 5, Continental Legal History Series. Esmein, "the foremost legal scholar of France if not of the world" has here analyzed criminal procedure from its Roman origin, through primitive Germanic, and throughout French criminal procedure from the 1200s to the 1800s, as well as 19th century criminal procedure in other countries in this "masterly work...This volume is to be unqualifiedly commended as a standard and sufficient history of continental criminal procedure." J.H.B. Harv. L. Rev. 27:294-295.
Download or read book Legal Feminism written by Anna Simone and published by Taylor & Francis. This book was released on 2022-09-30 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume offers an overview of the theories and practices of Italian legal feminism, presenting both the main themes addressed and the main protagonists of Italian feminist legal theory. The book is divided into two parts. The first is dedicated to deepening crucial issues that directly concern women’s knowledge and lives from a feminist perspective, such as the interconnection between law, rights and justice; diversity, difference and equality; sex, sexuality and reproduction; citizenship and borders; deviance, criminal matters and security; and victims, victimology, and vulnerability. Each set of thematic issues is analysed by a current Italian feminist legal scholar, who engages with multiple feminist voices in order to emphasise the need for an interdisciplinary approach to law from a feminist perspective. The second part of the book is devoted to outlining the paths of study, research and practice of specific and renowned Italian legal scholars who have provided the foundation for legal feminism in Italy: Letizia Gianformaggio, Tamar Pitch, Silvia Niccolai, and Lia Cigarini. The book thereby offers, for the first time, a comprehensive account of the traditions and trajectories of Italian legal feminism, thus opening up a dialogue with other feminist approaches to law and justice. The book will appeal to scholars in legal theory, critical and sociolegal studies, sociology, gender studies, and critical criminology.
Download or read book The Cambridge Medieval History The Eastern Roman empire 717 1453 written by Henry Melvill Gwatkin and published by . This book was released on 1923 with total page 1062 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Medieval History written by and published by . This book was released on 1923 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cambridge Medieval History written by Henry Melvill Gwatkin and published by . This book was released on 1923 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Preliminary Bibliography of Modern Criminal Law and Criminology written by John Henry Wigmore and published by . This book was released on 1909 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A history of continental criminal procedure with special reference to France written by A. Esmein and published by Рипол Классик. This book was released on with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Judges and the Case Law of the Court of Justice of the European Union written by Anna Maria Mancaleoni and published by Roma TrE-Press. This book was released on 2021-01-14 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’impatto del diritto dell’Unione europea sugli Stati membri si concretizza, in misura determinante, tramite regole e principi dettati dalla Corte di giustizia e destinati a essere applicati dai giudici nazionali. Il buon funzionamento del complesso sistema derivante dall’interazione tra l’ordinamento dell’Unione e i singoli Stati membri presuppone, pertanto, un rapporto costruttivo tra la Corte di giustizia e le corti nazionali. Muovendo da tale premessa, il volume affronta le problematiche inerenti al ‘dialogo’ tra tutte le corti nazionali (di merito, supreme, costituzionali) e la Corte di giustizia. A tal fine sono stati chiamati a esprimersi, prima di tutto, gli stessi giudici che ne sono protagonisti: a questi ultimi è stato chiesto di illustrare, a partire dalla propria esperienza, le difficoltà di comunicazione, in senso ampio, riscontrate nel dialogo con la Corte di giustizia. Alla voce dei giudici si aggiunge, quindi, quella dei professori specializzati nel diritto comparato ed europeo.
